Denver's Best Corporate Counsel nominees discuss industry challenges

Just like most C-level executives these days, corporate counsels have had to take on many varied tasks as their companies face the new economic realities.

The DBJ asked some of the Best Corporate Counsel nominees to answer this question:

What’s different about being in-house counsel today versus five or 10 years ago?

Compliance matters

Scott BeerGeneral counsel, Zayo Group

In my opinion, the two most significant areas that are different with the general counsel (GC) role today versus a decade ago are, (1) an increased focus on compliance and corporate governance matters, and (2) the developing mix of legal and business responsibilities.

In the late 1990s and early 2000s, legal compliance and governance responsibilities were important, but they did not have the same development and spotlight as they do today. Since Enron and Sarbanes-Oxley, regulation and reporting obligations have increased substantially — and thus, so have the GC’s responsibilities around applicable compliance and governance policies and procedures.

I believe another area of change for GCs is the increasing mix of legal and business responsibilities. Given increased regulation and litigation, the GC’s mixture of legal and business advice has been pushed further and further into the business organization. Both of the above areas of change are critically important for GCs (and businesses) to recognize and embrace

Demands increased

Susan BrownSenior counsel, Wells Fargo Bank, N.A.

In the last 10 years, I believe that corporate counsels have gained more respect from both our clients and outside firms. However, I believe the primary reason for such increased visibility and respect has been because the demands on in-house counsel’s time have increased significantly.

While in the past we might ask for a draft from outside counsel on a Friday afternoon to be on our desk first thing Monday morning, the current protocol more likely has the client and both sets of counsel drafting over the weekend and continuously communicating with each other by telephone and email.

Quality top priority

Jeff DonelsonRegional counsel, Shea Homes Colorado

Like most positions, in-house lawyers are being asked to do more, with less. Internal and external resources, such as specialized outside counsel, are frequently limited. Our challenge is to perform that varied and interesting work, but we can never sacrifice quality in order to meet a deadline or a budget.

Technology offers us some freedoms like mobility, but we’re tethered by our Blackberries and iPhones. We’re always available, like it or not. We can also support a broader geographic business unit through technology, but we need to make the effort to establish and maintain great working relationships across multiple time zones.

Finding the balance

Jeffrey FiskeLead counsel, Anadarko Petroleum Corp.

I think the biggest difference is the emphasis now placed on maintaining a healthy work-life balance and the flexibility afforded by new technology to that end.

Ten years ago, effective client service generally required in-house counsel to be physically seated at their desks for long days, Monday through Friday, and available to the clients during those hours. The portability of laptops, smartphones, think pads, etc. has allowed corporate legal departments to accommodate a more flexible scheduling of its staff while maintaining the quality of legal services and helping meet corporate objectives around the work-life balance equation.

Roles forever changed

Trent JohnsonVice president and assistant general counsel, Apartment Investment and Management Co.

The role of in-house counsel has changed dramatically in the past 10 years. Although the responsibilities of in-house counsel differ from one corporate legal department to another, the changes in the financial markets and the introduction of Sarbanes-Oxley and Dodd-Frank have forever changed the role of in-house counsel.

In-house counsel now is responsible for, among other things, the legal challenges presented by a complex and evolving regulatory environment while also managing day-to-day legal affairs. In-house counsel is now involved in decision making at all levels of organizations and, as a result, the position of in-house counsel is more significant and influential than at any time.

Time to say ‘no’

Christine JonesAssistant general counsel, TeleTech

To be a successful in-house counsel a decade or more ago, one rarely answered “no” to executive management without offering a variety of alternatives. However, with the recent financial crisis, today’s increased regulatory environment and global expansion, in-house counsel is being held to a much higher standard. As the corporate gatekeepers, in-house counsel must respond “no” much more frequently, even at the risk of upsetting executive management.

Technology advancements

Paul JonesGeneral counsel and regulatory policy, tw telecom Inc.

Without question, changes in technology over the past five to 10 years have had the greatest impact upon how business is conducted. Physical versus electronic document production, electronic document retention, e-signatures in the formation of contracts, conduct of depositions, and the list goes on.

Evolution in technology also has changed how our networks are deployed, creating a convergence of voice, data and video that challenges the regulatory regimes applied in the legacy telecommunications, cable and information services environment. We’ve clearly gained in productivity through technology, but because of technology, we are also challenged to re-think our policies and practices.

Business knowledge

The regulatory climate in the post-financial crisis era is more demanding. I think most in-house counsel feel that there is an increased breadth of regulations impacting business, and a more aggressive investigatory and enforcement environment, than five to 10 years ago.

The financial crisis also has resulted in a sharper focus on not only transaction-based risk but also, systemic, enterprise risks and in-house counsel are increasingly providing guidance in evaluating and mitigating those risks. Changing technology, particularly around the Internet and social media, has also expanded regulatory and litigation risks.

Finally, I think in-house counsel, when effective, are finding themselves increasingly integrated into the business of the company and being valued for their problem-solving abilities rather than being viewed as simply a check box on the approval matrix.

Keep work in-house

Christopher McManusVice president and general counsel, Global Health Care Exchange

The last five to 10 years have been full of change for in-house lawyers. However, one change that seems to be consistent is the increasing amount of work being performed by in-house lawyers. This includes not only legal work typically handled by outside counsel, such as litigation, but also nontraditional areas such as risk management and ethics. While this has resulted in additional demands on in-house counsel, it also has created an opportunity for in-house counsel to demonstrate their business value to their internal clients and become more than just the “lawyer.”

Picking up the pace

Kris OrdelheideSenior vice president and general counsel, Centura Health

The changes in health care and, consequently, the changes I have experienced in my role as corporate counsel over the last 10 years have been substantial. The pace at which the delivery of health care evolves is accelerating. This, coupled with an expanding regulatory structure (both state and federal) that touches all aspects of health care, has greatly increased the scope of issues that raise legal concerns. This demands that corporate counsel be more informed across a very broad range of issues and prepared to rapidly and effectively advise the client.

Staff reduction

David RigsbyVice president and general counsel, Lincoln Trust Co.

One important difference is that many companies have reduced legal staff during that time.

Instead of employing specialists and paralegals, counsel must be conversant in many areas of the law while juggling more responsibilities than ever. While this can be a challenge, it provides ample opportunities for counsel to add value.

Because counsel often have unique institutional knowledge, they are well-positioned to provide efficient legal advice, manage important internal and external relationships, and participate in strategic planning. Having effective counsel is more important than ever for any company that wants to run efficiently while mitigating risks and maximizing opportunities.

It’s complicated

Greg RuegseggerVice president and general counsel, Furniture Row LLC

[The difference] about being in-house counsel today compared to the last five or 10 years — I would suggest that for our business, the single biggest change is that the world has simply become more complicated. Laws and regulations have increased in scope and detail, affecting everything from security issues to employee relationships to financing opportunities. This requires general counsel to first clearly understand the needs and goals of the business managers and second, to help reach these needs and goals by forging a practical path through the legal framework.

More than legal opinions

Barbara SpringerGeneral counsel, Delta Dental of Colorado

I’m in the health care industry, so the explosion of new regulations that impact us has greatly increased the time and effort that we have to put into ensuring compliance. Our compliance program has become a real business necessity. The other change I’ve noticed over the years is a willingness by the corporation to look to corporate counsel for more than just expert legal opinion. Being involved on a daily basis with the leadership team not only helps in providing the best legal advice, but also makes the job of being corporate counsel a much more gratifying, interesting job.

Getting creative

Sue WeiskeVice president and senior counsel, Charter Communications

The difference between practicing law in-house now and 10 years ago is twofold: Today, there is an expectation on the part of my clients that we are a partnership and that legal support is dependent on a thorough understanding of the business needs of the team. In addition, there is a greater need for risk assessment and a willingness that creative solutions from legal further the business goals, as well. In both cases, the work is interesting and challenging, and still fun.